Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: blueriver
Once a law is passed and the constitutionality of it is questioned it moves out of the state and into the Federal System

That was not the original intent of the Framers. However Scalia and his 'fellows' (good to see your own such a familiar basis with Supreme Court Justices) did not drop the ball. Scalia's mind was already made up, correctly I might add. Perhaps not to your liking, but Constitutionally they made the correct decision by refusing to hear the case.

288 posted on 06/21/2005 11:21:10 AM PDT by billbears (Deo Vindice)
[ Post Reply | Private Reply | To 284 | View Replies ]


To: billbears
..did not drop the ball. Scalia's mind was already made up, correctly I might add. Perhaps not to your liking, but Constitutionally they made the correct decision by refusing to hear the case.

Here is your quote about Justice Scalias position,

Justice Scalia has admonished us to rely upon and accept the role of state lawmakers and laws to address issues of this very nature.

So why then would he refuse to hear the case about the constitutionality of "Terri's Law", it would seem that his mind would have been made up to uphold the Florida Legislatures ability to make laws in this case. His refusal to hear the case about Terri's Law being unconstitutional is in direct conflict with his statement you quoted above, and therefore he dropped the ball when Terri's Law was found unconstitutional and he and his fellow judges refused to hear that case.

293 posted on 06/21/2005 11:38:56 AM PDT by blueriver
[ Post Reply | Private Reply | To 288 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson